Giving Evidence

This chapter explores the process of giving evidence in final proceedings when disputes between the parties remain unresolved and it is designated as in the interests of justice for an expert to give oral evidence. The expert gives evidence in chief, answering questions about opinions expressed in their report, and is cross-examined by each of the parties or their legal representatives with the purpose of furthering their client’s position. Preparation is key. In addition to being fully conversant with their reports, experts need to arrive in court in good time and be smartly dressed. Solicitors and barristers adopt a range of questioning styles from calm and considered to assertive and challenging. It is critical to remain calm and stay within one’s area of expertise. There is usually a choice to appear in person or remotely. Remote hearings have highlighted the multiple purposes of in-person hearings in keeping interpersonal human interactions at the heart of the court process. This is best kept in mind when framing evidence and expressing opinions.